More Illinois employers may be subject to the Victims' Economic Security and Safety Act (VESSA) if Governor Quinn signs a recently passed bill into law. On June 25, 2009, the General Assembly passed legislation that will broaden the coverage of VESSA. The law currently only applies to employers with 50 or more employees, but the amended version provides coverage (albeit scaled-down coverage) to employers with at least 15 employees. This means a number of Illinois employers with no experience or familiarity with the law might have to quickly become acquainted with the Act's requirements to ensure compliance with the law.
The purpose of VESSA is to provide unpaid protected leave to employees who are victims of domestic or sexual violence or have a family or household member who is a victim of domestic or sexual violence. The Act mirrors many of the provisions found in the federal Family Medical Leave Act (FMLA) and contains reasonable accommodation requirements similar to those in the Americans with Disabilities Act (ADA). Of course, many of the Illinois employers that may fall within VESSA's coverage (if this law is signed by the Governor) have no familiarity with the FMLA and, therefore, will have to learn all of the complex leave and procedural requirements with no frame of reference.
The good news is that those lobbying on behalf of employers were able to eliminate provisions that would have created a private right of action, expanded remedies for emotional distress, and imposed harsh penalties for procedural violations. In addition, the leave requirements for smaller employers (i.e. 15-49 employees) were reduced from 12 workweeks to eight workweeks. As a result, employers currently subject to the Act will only see very minor changes to some procedural aspects of the law and how the law applies to certain individuals. For example, the amended version expands the definition of "family or household member" to include all "other persons related by blood or by present or prior marriage, or other persons who share a relationship through a son or daughter." The legislation also prohibits employers who fail to post the required notices from denying coverage to employees that do not provide advanced notice to their employers of the intention to take leave.
Clearly, the big change is the expansion of coverage to employers with 15-49 employees. Therefore, employers of that size should stay abreast of this pending legislation because if it passes it will be important to take immediate steps to implement a VESSA policy and post the required notices. Wessels Sherman has vast experience with this law and can help your organization become compliant. Please call for assistance.
Questions? For questions or comments concerning this topic, please contact an experienced Wessels Sherman attorney. Contact us.
